The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, H Co., Ltd. (hereinafter referred to as the “instant company”) whose representative director is the Defendant, had a claim for construction cost of KRW 730 million for the said building by being awarded a contract for the new construction of the instant building from C, and was actually exercising the right of retention while occupying a part of the fourth floor of the instant building. Therefore, the report on the right of retention submitted by the Defendant to the auction court is true.

Therefore, even though the defendant did not interfere with auction by fraudulent means, the court below found the defendant guilty of the charge of obstruction of auction of this case. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant did not intend to exercise the right of retention because the unpaid amount of the construction cost of the instant land and buildings is only KRW 12 million, and the Defendant entered into a contract for new construction and extension of the instant building in formality with C and D, and did not actually exercise the right of retention on the instant building before the commencement of the auction of this case. However, even though the lower court did not actually exercise the right of retention on the instant building before the commencement of the auction of this case, the lower court may recognize the fact that, as if there existed the lien on the instant building, the Defendant submitted a report on the right based on the right of retention of KRW 1.230 million to the auction court to interfere with the fair auction by deceptive means. Accordingly, the Defendant’s assertion of mistake of facts cannot be accepted.

1) The owner of the building of this case constructed on the land E (hereinafter “the land of this case”) and the ground of the land which is the object of the auction of this case is the defendant.